How to Identify Discrimination During the Hiring Process

How to Identify Discrimination During the Hiring Process

One of the most common areas job discrimination occurs is during the hiring process. Companies may use certain questions, have different requirements, or take actions as part of your interview to weed out candidates. When these are discriminatory in nature, it is against the law and you have the right to take legal action against the business involved. 

Common Types of Discrimination During the Hiring Process

The Equal Employment Opportunity Commission (EEOC) advises that it is illegal for employers to discriminate against applicants who belong to protected classes, based on age, disability status, gender, genetic information, nation of origin, race, religion, or sexual orientation. In order to identify discrimination during the hiring process, be aware of the common types:  

  • Direct discrimination: This is when an employer outright refuses to hire someone based on their belonging to a protected class.
  • Indirect discrimination: These are policies and requirements designed to subtly weed out or screen people in protected classes to avoid hiring.
  • Unintentional discrimination: These are policies and practices employees may rely on as part of the application or hiring process, not realizing they are discriminatory in nature. 

Identifying Discrimination When Applying for Jobs

When looking for jobs, most applicants are eager to please prospective employers and are generally willing to follow instructions and meet certain requirements. However, with employers who engage in discriminatory practices, there are likely to put numerous obstacles in your path. According to the Centers for Disease Control and Prevention (CDC), actions they might take include: 

  • Directly inquiring about or expressing concern over your age, disability, gender, national origin, race, religion, or sexual preference;
  • Making the application process more difficult, such as not providing accessible options for filling out forms for people with disabilities;
  • Requiring background checks in order to gain personal information about applicants;
  • Conveying unreasonable expectations of employees, such as demanding they not have children, be in a relationship, or request time off for certain holidays;
  • Having dress codes or other requirements regarding your behavior or appearance that discriminatory or violate your beliefs;
  • Making discriminatory jokes or conveying similar attitudes held across the company that you should expect to be subjected to as a condition of your employment.   

When employers engage in the above or other types of behavior, they can be held accountable. You have the option of filing a complaint against them with the EEOC, which could force the employer to cease discriminatory hiring practices. You may also be entitled to file a lawsuit against seeking corrective actions and damages, such as lost income and benefits. 

Request A Consultation With Our Chicago Job Discrimination Attorneys Today

At The Law Office of Mitchell A. Kline, we take the legal actions to protect you from discrimination in the workplace. To discuss your options, call or contact our Chicago job discrimination attorneys online and request a consultation today.